Topic: Venezuela

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Employees’ rights to holiday in Venezuela

Venezuelan labor rights may not be waived by the parties, that is, they are rules of public policy and the Labor Law’s provisions must be applied even over the will of the parties. In addition, the principles of favor, non-waivability, intangibility and progressiveness of labor rights are a warranty to prevent a retreat in achieved … Continue reading

Whistleblowing – what protection do employees have in Venezuela?

There is no legal protection for whistleblowers in Venezuela and it is not common in practice. However, many transnational and local companies in Venezuela have policies and code of conducts protecting those who step up and expose Corruption, fraud, mismanagement, breaches of legal obligations. Some of these companies have hot lines through which employees are … Continue reading

The inclusion of profit in the definition of Business. Comparison of the New Labor Law and the abrogated Organic Labor Law

This post was -written by Valentina Albarran, Associate, Norton Rose Fulbright (Caracas) The abrogated Organic Labor Law (“OLL”) defined Company and Business as follows: “Article 16: For the purposes of the Labor legislation, a Company is a business unit created for the production of goods or services in order to perform an economic activity and … Continue reading

Possible extension of the Bar against Dismissals

This post was contributed by Valentina Albarrán, Associate, Norton Rose Fulbright Caracas On Christmas time Venezuelans have become accustomed to certain holiday traditions, receiving presents, spending more money that they have, and for the last years Venezuelans have also grown accustomed to the fact that December is the month for the extension of the Special … Continue reading

Interns in Venezuela: Are they duly protected against discrimination?

In Venezuela, labor and employment anti-discrimination rules do not extend to interns and volunteers unless their contracts explicitly acknowledge equal treatment. The Organic Labor Law (the “LOTTT”) provides protection for any individual under an employment relationship. Therefore the issue here is to determine who is an employee and who is not. The LOTTT states that … Continue reading

Childcare obligations – what are an employer’s obligations?

Employers with more than 20 workers are required to provide a day-care center, where such workers whose salary is less than five minimum salaries can leave their children aged between three months and six years during the work day. To comply with this requirement, employers may choose between several options provided in the corresponding legislation. … Continue reading

Venezuela’s minimum wage increase to be implemented by employers

Venezuela’s minimum salary for the day shift is Bs. 2,702.73 as of September 1, 2013, which represents the 10% increase established in Article 1 b) of the Minimum Wage Decree Nº 30 (Decree). This Decree came into effect on April 30, 2013 and its general implications were commented by Juan Carlos Pró-Rísquez, Esther Cecilia ”Kelly” … Continue reading

Wrongful Dismissal in Venezuela

One thing is very clear under Venezuela legislation, it is almost impossible to dismiss a worker. A.      Job Stability Theoretically, the Labour Law allows employers to terminate workers with or without cause. Employers are able to terminate workers with cause based on the grounds listed in Article 79 of the Labour Law. Employers have a … Continue reading

Restricted covenants under Venezuelan labor legislation

Under Article 20 of the Regulations to the abrogated Organic Labor Law (which is still in force as long as its rules do not contravene the New Labor Law), the enforcement of non-compete provisions is limited. Such Article expressly provides that during the employment relationship, the employee shall refrain from carrying out negotiations on her/his own … Continue reading

New feature – a common theme across the regions

We are happy to announce a new feature to this blog: every month, all participating regions will post on a common theme.   We hope that this feature will give our readers a quick glance into the differences and commonalities that exist between each of the various jurisdictions on a relevant employment and labour law … Continue reading

Is it impossible to dismiss an Employee in Venezuela?

It is almost impossible to dismiss an employee in Venezuela. First of all, because the New Labor Law provides that, except for top management employees, employers cannot dismiss workers unilaterally (job stability), even those who are not protected by the bar against dismissals. Second, the Government extended the Special Bar against Dismissals again. Finally, the … Continue reading

International Group of Companies in Venezuela. The past, the present and the what´s next?

This post was contributed by Yanet C. Aguiar, Partner, Norton Rose Caracas and Valentina Albarrán, Associate, Norton Rose Caracas Venezuela is no stranger to the existence and proliferation of Group of Companies or Business Groups, they have become a fundamental part of Venezuelan economy. However, throughout the last decade or so, we have witnessed the departure … Continue reading

Is Outsourcing prohibited under Venezuelan Labour Legislation?

Yes, Outsourcing is prohibited under Venezuelan New Labour Law as long as the contracting of third parties are made to simulate or defraud with the purpose of avoiding the application of the labor legislation. 1.         Definition of Outsourcing under the New Labour Law. Outsourcing is understood to be the simulation or fraud committed by employers … Continue reading
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